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2003-11-03
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2003-11-03
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City Council
Meeting Date
11/3/2003
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Minutes
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103 <br /> Mr. Lynch said he agrees. He sa id Council's normal policy is not to charge if <br />conveyance of land does not create a developable lot, but he feels this is more of a <br />commercial transaction than what Council normally sees. <br /> <br /> Mr. Richards asked if this property is subject to routine maintena nce by the City, <br />and Mr. O'Connell said that the property has been maintained by the property owner. <br /> <br /> Mr. Schilling said that this situation is not a surprise to the current property <br />owners as they were aware of it in 1993. <br /> <br /> Mr. Brown said that if the ma jority of Council wants to sell the property, he <br />recommends that the ordinance reflect a sales price of $3 a square foot since the exact <br />amount of land is unknown at this time. <br /> <br /> Mr. David Toscano, attorney for the Casters, owners of the property in questi on, <br />said it is true that these issues have been around for some time. He said the owners found <br />out about it at the time of their closing but chose to close rather than delay. He said that <br />the consent to encroachment in 1989 was never put to record. He s aid guidelines have <br />been set in place by Council regarding selling or gifting property and the precedent has <br />been that unless a developable lot is produced it is done by conveyance. He said a sales <br />contract is pending contingent upon working out this issu e. He said the property owners <br />will not receive any additional money for this property. He noted that land was conveyed <br />by the City in 1996 right across the street from this property. He said on the basis of <br />precedent, he does not think the owners shoul d be charged. He said this property will be <br />added to the tax rolls and the assessment will likely increase as a result. He also noted <br />that the property owners have maintained the property for years. <br /> <br /> Responding to a question from Mr. Cox, Mr. Toscano sa id the owners have no <br />problem with the City reserving property for a future sidewalk. <br /> <br /> Mr. Schilling said the fact that the property is not developable is not the issue <br />here. He said it is true that there will be no extra value to the property, but there will be <br />less value to the property if the owner does not rectify the problem. He said the question <br />is will the property owner pay or will the City pitch in and pay. He said this has been an <br />issue for ten years. He said in the other case cited by Mr. Tos cano there was <br />considerably less land involved and an exchange of property with the City. <br /> <br /> Mr. Schilling made a motion to approve the ordinance, to include a sales price of <br />$3 per square foot and Mr. Lynch seconded the motion. <br /> <br /> Ms. Richards said she wo uld like to speak against the motion. She said that while <br />the motion is reasonable, she does not believe the sellers are going to gain materially by <br />the conveyance. She said the City has not been using the property and it has no real <br />value to the City. <br /> <br /> Mr. Cox said he shares Ms. Richards' perspective. <br /> <br /> Mr. Lynch said he feels the difference is that this is more of a commercial <br />transaction. <br /> <br />"AN ORDINANCE TO AUTHORIZE SALE OF A PORTION OF THE <br />CASTALIA STREET RIGHT - OF - WAY TO JEFFREY AND KAREN KASTER" was <br />offered and carried over to the next meeting for consideration. <br /> <br />REPORT <br />: JEFFERSON SCHOOL TASK FORCE <br /> <br /> Ms. Lelia Brown, Co - chair of the Jefferson School Task Force, said that the Task <br />Force has been thoroughly exploring options for Jefferson School whil e respecting the <br />original purpose of the school. <br /> <br /> Ms. Mary Means, facilitator to the Task Force, reviewed the Task Force process. <br />She said that the Task Force agreed on "what is important" and that whatever is done in <br />
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